# EUR-Lex - 52013DC0254 - EN

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# 52013DC0254

**DRAFT AMENDING BUDGET N° 4 TO THE GENERAL BUDGET 2013 STATEMENT OF EXPENDITURE BY SECTION Section III – Commission Section IV – Court of Justice of the European Union /* COM/2013/0254 final */**

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DRAFT AMENDING BUDGET N° 4
TO THE GENERAL BUDGET 2013

STATEMENT OF EXPENDITURE BY SECTION
Section III – Commission
Section IV – Court of Justice of the European Union

Having regard to:

–
the Treaty on the Functioning of the European
Union, and in particular Article 314 thereof, in conjunction with the
Treaty establishing the European Atomic Energy Community, and in particular
Article 106a thereof,

–
the Regulation (EU, Euratom) No 966/2012 of the
European Parliament and of the Council of 25 October 2012 on the Financial
Regulation applicable to the general budget of the Union[1], and in particular
Article 41 thereof,

–
the general budget of the European Union for the
financial year 2013 adopted on 12 December 2012[2],

–
the draft amending budget No 1/2013[3], adopted on 18 March 2013,

–
the draft amending budget No 2/2013[4], adopted on 27 March 2013,

–
the draft amending budget No 3/2013[5], adopted on 15 April 2013,

The European
Commission hereby presents to the budgetary authority the Draft Amending Budget
No 4 to the 2013 budget.

CHANGES TO
THE STATEMENT OF REVENUE AND EXPENDITURE BY SECTION

The changes to
the statement of revenue and expenditure by section are available on EUR-Lex (http://eur-lex.europa.eu/budget/www/index-en.htm). An
English version of the changes to this statement is attached for information as
a budgetary annex.

TABLE OF CONTENTS

1.      Introduction.. 5

2.      European GNSS Agency.. 5

3.      Education, Audiovisual and Culture Executive Agency.. 6

4.      Court of Justice of the European Union.. 7

5.      Summary table by heading of the Financial Framework.. 9

1.           Introduction

Draft Amending Budget
(DAB) No 4 for the year 2013 covers the following:

3⁄4
the modification of the establishment plan of
the European GNSS Agency (GSA), reflecting a request
for 20 additional establishment plan posts (all AD posts). The corresponding
increase in the EU contribution to the GSA amounts to EUR 1 750 000,
and is proposed to be financed by internal redeployment of resources within the
existing budgetary envelope of the GNSS programme;

3⁄4
the modification of the establishment plan of
the Education, Audiovisual and Culture Executive Agency (EACEA), reflecting a request for 2 additional establishment plan posts (both AD
posts), offset by 2 freed posts in the Commission’s establishment plan. This is part of an extension of the mandate of
the agency, which also entails a transfer of contract agents (13 FTE) from
the Commission to the EACEA. This translates into an overall increase in the EU
contribution to the running costs of the agency, amounting to EUR 1 516 000,
which is proposed to be financed by a corresponding reduction of appropriations
for staff and administrative support expenditure in the Commission;

3⁄4
the modification of the establishment plan of
the Court of Justice of the European Union, reflecting the
creation of an additional Advocate General and a corresponding request for 7 additional
establishment plan posts (4 AD and 3 AST posts). This is proposed to
be financed by the available appropriations within the Court’s section of the budget.

These adjustments are
budgetary neutral, since the proposed reinforcements of the EU contribution to
the two agencies are fully offset by corresponding reductions in related
expenditure in the Commission’s section of the budget, whereas the additional
staff for the Court of Justice is to be financed by the available
appropriations within its own section.

2.           European GNSS Agency

On 30 November 2011, the Commission
adopted a proposal for a new GNSS Regulation[6],
putting forward a new governance structure for EGNOS and Galileo and their
financing for the period 2014-2020. Under this structure, the European GNSS
Agency (GSA) would be entrusted with programme management tasks, including the
exploitation of both systems from 1 January 2014. To deliver effective results
and avoid delays or disruption of services, already in 2013 the GSA will need
to carry out preparatory tasks. In this regard, the Agency will ensure the
coordination of all tasks relating to the exploitation of the systems, such as
maintenance, operations and service provision, as well as providing feedback on
changing operational needs and users' requirements for future generations of
the systems.

With a view to providing the European Parliament and the Council
with a full picture of the conditions under which the GSA will carry out the
tasks entrusted to it under the new governance model, on 6 February 2013 the
Commission adopted a revised GSA Regulation amending Regulation (EU) No 912/2010[7]. The financial statement accompanying the revised GSA Regulation
foresees 20 additional temporary agents in 2013, which would increase the total
number of establishment posts from 57 to 77 posts. The
detailed tasks and job descriptions of each temporary agent requested have been
carefully analysed by the Commission services.

Immediately upon the adoption of the proposal for a revised GSA
Regulation the GSA launched the necessary preparations, in order to ensure a
swift start-up of preparatory tasks. Nonetheless, formal recruitment will only
be finalised upon adoption of this Draft Amending Budget, given that prior
agreement of the Budget Authority to the modifications of the establishment plan
of the GSA is required before the agency can proceed with actual recruitment.

The
total additional costs for the 2013 budget of the agency are estimated at EUR 1 750 000,
assuming recruitments as from mid-July 2013. This requires a corresponding
reinforcement of the EU contribution to the agency. The commitment and payment
appropriations are proposed to be made available by redeployment through a
Commission internal transfer within budget chapter 02 05 from the Galileo
programme to the agency, more specifically from budget article 02 05 01
‘European satellite navigation programmes (EGNOS and Galileo)’ to budget item 02 05 02 01
‘European GNSS Agency 3⁄4 Contribution to Titles 1 and 2’.

The
amended establishment plan is included in the budgetary annex. It incorporates 20 additional
AD posts, of which 3 AD 10, 3 AD 9, 6 AD 8, 7 AD 7
and 1 AD 6 posts.

3.           Education,
Audiovisual and Culture Executive Agency

In
2012, the Commission adopted an extension of the mandate of the Education,
Audiovisual and Culture Executive Agency (EACEA), to enlarge the agency’s tasks
in the implementation of the MEDIA Mundus programme, as
well as expanding its school education and youth activities under heading 4
of the multiannual financial framework, and extends to the Youth programme those
activities that it already implements within the Eurydice European Unit within
the field of education. The delegation of additional tasks in the management of
growing 2007-2013 spending programmes to EACEA provides clear qualitative and
quantitative benefits by extending the agency’s existing expertise in the relevant policy areas, which proves the
most cost effective.

In
qualitative terms, the delegation of additional tasks to EACEA is justified by
its track record in delivering high quality management of programmes. In
quantitative terms, management by EACEA leads to cost savings in 2013 amounting
to EUR 574 000, as compared to “in house” Commission management. These cost
savings are mainly generated by efficiency gains at
EACEA, which enabled the Commission to minimise the additional contribution to
the running costs of the agency. In turn, this translates into a reinforcement
of the operational appropriations of the programmes to be managed, within the
overall financial envelope of each of the programmes concerned.

In
October 2012, the extension of the agency’s mandate received a positive opinion
of the Committee for Executive Agencies, and the European Parliament did not
raise objections within the time period set by the ‘working arrangements’.
After thus receiving approvalfrom both the European Parliament and the Council,
in December 2012 the Commission adopted the decision to extend the agency’s
mandate (C(2012) 9474 and 9475).

This
Draft Amending Budget contains the budgetary aspects of the extension of
EACEA’s mandate for 2013, in terms of the increase of the EU contribution to
the agency and its staffing levels, which is fully offset by a corresponding
reduction of staffing levels and related appropriations for staff and administrative
support expenditure in the Commission, as set out in more detail below.

The additional tasks delegated to EACEA related to the extension
will lead to an increase in the EU contribution to the Executive
Agency, amounting to EUR 1 516 000, of which EUR 458 000
for programmes managed under heading 3b (budget item 15 01 04 31
‘Education, Audiovisual and Culture Executive
Agency 3⁄4 Contribution from programmes under Heading 3b’) and EUR 1 058 000 for
programmes managed under heading 4 (budget item 19 01 04 30 ‘Education, Audiovisual and Culture Executive Agency 3⁄4 Contribution
from external relations programmes’).
This will be covered by the existing appropriations
under items XX 01 01 01 ‘Expenditure related to staff’, 15 01 02 01 ‘External staff in the education and culture policy area’, 15 01 04 68 ‘MEDIA Mundus 3⁄4 Expenditure on
administrative management’, 15 05 55
‘Youth in Action’, 19 01 04 01 ‘Financing instrument for development
cooperation (DCI) 3⁄4 Expenditure on administrative management’, and 19 01 04 02 ‘European Neighbourhood and Partnership
Instrument (ENPI) 3⁄4 Expenditure on administrative management’.

In terms of human resources, the following adjustment is required to
staff and establishment plans of the agency: 15 additional full time equivalents
(FTEs), of which 13 contract agents (calculated on the basis of the average
costs at the agency) and 2 temporary agents (2 AD 8), since the
transfer of the ‘Media Mundus’ programme and the agency’s activities for ‘Youth in Action’ require two temporary agents of this grade. The additional staff numbers
necessary at the agency are strictly compensated by a corresponding staff
reduction at the Commission. Appropriations corresponding to 13 contract
agents and 2 posts of the establishment plan (2 AST 7) are freed
and herewith removed from the Commission budget.

Full details of the impact of the mandate extension on
appropriations of an administrative nature and on staff of the Commission and the
EACEA are given in the budgetary annex.

4.           Court
of Justice of the European Union

4.1       Court
of Justice request

In
accordance with Declaration No 38 annexed to the final act of the
Intergouvernemental Conference which adopted the Lisbon Treaty, in January 2013
the Court of Justice requested three additional Advocate Generals, of which one
Advocate General would take up positions on 1 July 2013, followed by
two further Advocate Generals on 7 October 2015. To allow the first
additional Advocate General to take up his / her position on 1 July 2013 (the
other two are expected to take office in 2015), the Court requests a
modification of its establishment plan to create additional establishment plan posts
for the staff in the private office (‘Cabinet’) of the Advocate General, existing
of seven persons (1 AD 14, 1 AD 12, 1 AD 11, 1 AD 10,
1 AST 5, 1 AST 3 and 1 AST 2 posts). The corresponding
cost for the 2013 budget of the Court are estimated at EUR 910 000.

In
parallel, to better face its increasingly high workload, the Court requested 9 additional
law clerks (‘référendaires’, 1 AD 14, 3 AD 12, 3 AD 11
and 2 AD 10 posts), one for each Chamber of the General Court. The Court
estimates the corresponding additional costs for its 2013 budget at EUR 930 000,
which would bring the total additional costs for the 2013 budget of the Court of
the additional Advocate General (plus Cabinet) and the additional law clerks to
EUR 1 840 000.

4.2       Commission
proposal

As
part of Draft Amending Budget No 4/2013, the Commission proposes to
modify the Court’s establishment plan to include the staff in the private
office of the additional Advocate General (1 AD 14, 1 AD 12,
1 AD 11, 1 AD 10, 1 AST 5, 1 AST 3 and
1 AST 2 posts) but not to include corresponding additional
appropriations in the Court’s section of the 2013 budget. The Commission takes
note of the Court’s intention to use existing appropriations under budget chapter
14 (external personnel) of the Court’s section of the budget to finance one
additional contract agent (function group I), which is linked to the creation
of the new Cabinet.

However,
the Commission does not propose to include in Draft Amending
Budget No 4/2013 the request for 9 additional law clerks. The
Commission recalls, in this regard, the letter sent by the Commissioner for
Financial Programming and Budget to the other Institutions[8] on the key political importance
to follow the Commission’s approach to apply a 1 % staff reduction, as a
follow-up to the Commission’s proposal to reduce the staffing levels of all EU
Institutions and bodies by 5 % over five years. More in particular, the
Commission points to the uncertainty surrounding the Court’s proposal dating
from March 2011 to create twelve additional Judges for the General Court to
face its growing workload, and it suggests to await the decisions to be taken
by the legislative authority in this regard.

As
regards appropriations, the Commission notes that Draft Amending Budget No 2/2013
does not leave any margin under the payment ceiling for 2013, except for
covering the payment needs related to the mobilisation of the EU Solidarity
Fund, for which the Commission intends to present Draft Amending
Budget No 5/2013 shortly. Moreover, taking into account the lead time
usually required to recruit the additional staff requested in Draft Amending
Budget No 4/2013, the Commission is of the opinion that the Court
will be in a position to fine-tune its recruitments in function of the
appropriations currently available in the Court’s budget for this type of
expenditure. That is why the Commission does not include additional appropriations
linked to the request for the Advocate General and the corresponding seven
additional posts. For the same reason, it is proposed not to budget the
additional revenue contributions to be made by the additional Cabinet members in
2013, which the Court estimates at EUR 121 000.

The
amended establishment plan is included in the budgetary annex.

5.           Summary
table by heading of the Financial Framework

Financial framework Heading/subheading || Revised 2013 Financial framework || Budget 2013 (incl. DAB 1-3/2013) || DAB 4/2013 || Budget 2013 (incl. DAB 1-4/2013)

CA || PA || CA || PA || CA || PA || CA || PA

1. SUSTAINABLE GROWTH || || || || || || || ||

1a. Competitiveness for growth and employment || 15 670 000 000 || || 16 168 150 291 || 12 886 628 095 || || || 16 168 150 291 || 12 886 628 095

Margin || || || 1 849 709 || || || || 1 849 709 ||

1b. Cohesion for growth and employment || 54 974 000 000 || || 54 958 049 037 || 56 349 544 736 || || || 54 958 049 037 || 56 349 544 736

Margin || || || 15 950 963 || || || || 15 950 963 ||

Total || 70 644 000 000 || || 71 126 199 328 || 69 236 172 831 || || || 71 126 199 328 || 69 236 172 831

Margin[9] || || || 17 800 672 || || || || 17 800 672 ||

2. PRESERVATION AND MANAGEMENT OF NATURAL RESOURCES || || || || || || || ||

Of which market related expenditure and direct payments || 48 583 000 000 || || 43 956 548 610 || 43 934 188 711 || || || 43 956 548 610 || 43 934 188 711

Total || 61 310 000 000 || || 60 159 241 416 || 58 095 492 961 || || || 60 159 241 416 || 58 095 492 961

Margin || || || 1 150 758 584 || || || || 1 150 758 584 ||

3. CITIZENSHIP, FREEDOM, SECURITY AND JUSTICE || || || || || || || ||

3a. Freedom, Security and Justice || 1 703 000 000 || || 1 440 827 200 || 1 046 033 652 || || || 1 440 827 200 || 1 046 033 652

Margin || || || 262 172 800 || || || || 262 172 800 ||

3b. Citizenship || 746 000 000 || || 738 364 000 || 654 249 615 || 316 000 || 316 000 || 738 680 000 || 654 565 615

Margin || || || 7 636 000 || || || || 7 320 000 ||

Total || 2 449 000 000 || || 2 179 191 200 || 1 700 283 267 || 316 000 || 316 000 || 2 179 507 200 || 1 700 599 267

Margin[10] || || || 269 808 800 || || || || 269 492 800 ||

4. EU AS A GLOBAL PLAYER || 9 595 000 000 || || 9 583 118 711 || 6 898 914 260 || || || 9 583 118 711 || 6 898 914 260

Margin[11] || || || 275 996 289 || || || || 275 996 289 ||

5. ADMINISTRATION || 9 095 000 000 || || 8 430 690 740 || 8 430 365 740 || -316 000 || -316 000 || 8 430 374 740 || 8 430 049 740

Margin[12] || || || 750 309 260 || || || || 750 625 260 ||

6. COMPENSATION || 75 000 000 || || 75 000 000 || 75 000 000 || || || 75 000 000 || 75 000 000

Margin || || || || || || || ||

TOTAL || 153 168 000 000 || 144 285 000 000 || 151 553 441 395 || 144 436 229 059 || || || 151 553 441 395 || 144 436 229 059

Margin [13][14] || || || 2 464 673 605 || 14 770 941 || || || 2 464 673 605 || 14 770 941

[1]               OJ L 298, 26.10.2012, p. 1.

[2]               OJ L 66, 8.3.2013, p. 1.

[3]               COM(2013) 156.

[4]               COM(2013) 183.

[5]               COM(2013) 224.

[6]               COM(2011) 814.

[7]               COM(2013) 40.

[8]               Ref. Ares(2013) 14771,
7.1.2013.

[9]               The European Globalisation adjustment
Fund (EGF) is not included in the calculation of the margin under Heading 1a
(EUR 500 million).

[10]             The European Union Solidarity Fund (EUSF)
amount is entered over and above the relevant headings as foreseen by the IIA
of 17 May 2006 (OJ C 139 of 14.6.2006)

[11]             The 2013 margin for heading 4 does not
take into account the appropriations related to the Emergency Aid Reserve (EUR
264,1 million).

[12]             For calculating the margin under the
ceiling for heading 5, account is taken of the footnote (1) of the financial
framework 2007-2013 for an amount of EUR 86 million for the staff
contributions to the pension scheme.

[13]             The global margin for commitments does not
take into account the appropriations related to the EGF
(EUR 500 million), the EAR (EUR 264,1 million), and the
staff contributions to the pensions scheme (EUR 86 million).

[14]             The global margin for payments does not
take into account the appropriations related to the EAR (EUR 80 million), and
to the staff contributions to the pensions scheme (EUR 86 million).